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Order Pre/1575/2006, Of 19 May, Which Creates The Interministerial Commission For The Preparation Of The Report Prior To The Approval Of Ministerial Orders Handed Down In Accordance With The Provisions Of The Transitional Provision...

Original Language Title: ORDEN PRE/1575/2006, de 19 de mayo, por la que se crea la Comisión Interministerial para la elaboración del informe previo a la aprobación de las órdenes ministeriales que se dicten de conformidad con lo establecido en la disposición transitoria ...

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Chapter II of Title V of the Regulation on the conditions for the provision of electronic communications services, universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April, Article 33 of Law 32/2003 of 3 November, General of Telecommunications, indicating the procedure to be followed and the measures to be taken by the subjects required in the interception of electronic communications. This Regulation requires compliance with the provisions of the Regulation as from the day following that of its publication, without prejudice to the provisions of the Sixth Transitional Provision which lays down the period of one year for the fulfilment of the provisions of the obligations set out in Chapter II of Title V on the legal interception of communications. Notwithstanding the above, the specific obligations arising from a particular technology (fixed telephony, mobile telephony, Internet or other) shall enter into force within the time limit set by the relevant ministerial order. This order will be adopted on the basis of a report from a committee which will include representatives of the ministries concerned and operators. The purpose of this committee shall be to inform the relevant ministerial orders in accordance with the provisions of the sixth transitional provision of the Regulation on the conditions for the provision of services. Electronic communications, universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April and will be permanent in nature. Accordingly, it is necessary to set up an Inter-Ministerial Commission which, prior to the adoption of the relevant ministerial order, issues the report referred to in the said transitional provision sixth. This report will be mandatory and non-binding. In accordance with the provisions of the fifth additional provision of Law 32/2003 of 3 November, General Telecommunications, the report of the Advisory Council on Telecommunications and the Information Society is equivalent to the Article 24 of Law 50/1997 of 27 November of the Government. In accordance with the provisions of Article 40 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State and in Article 25 (f) of Law 50/1997 of 27 November, of the Government, the rule of creation of The Inter-Ministerial Commission must take the form of order of the Minister of the Presidency, dictated on the proposal of the Ministers concerned. In its virtue, on the proposal of the Ministers of Justice, Defense, Interior and Industry, Tourism and Commerce, with the prior approval of the Minister of Public Administrations, I have:

Article 1. Creation and Nature.

1. The Inter-Ministerial Commission is hereby established for the preparation of the report prior to the approval of the ministerial orders which are issued in accordance with the provisions of the Sixth Transitional Disposition of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April on the legal interception of electronic communications. 2. This commission is a collegiate body as provided for in Article 39.1 (a) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State and is organically integrated in the Ministry of Industry, Tourism and Trade through the Secretariat of State of Telecommunications and the Information Society.

Article 2. Composition.

1. The committee will be composed of a President, the Secretary and even six formally appointed Vocals, all of them, by the Minister of Industry, Tourism and Trade. The President shall be an official in active employment, with the rank of Deputy Director General or assimilated, appointed by the Secretary of State for Telecommunications and the Information Society and whose vote shall be settled in the event of a tie. The Vowels will be as follows:

(a) An active official of the Ministry of Justice with the rank of Subdirector-General or assimilated, appointed by the Undersecretary of that Ministry or by the holder of the management body in which he/she could delegate.

b) An active member of the National Intelligence Center, dependent on the Ministry of Defense, with the rank of Deputy Director General or assimilated, appointed by the Secretary of State, Director of the said Center. (c) an official of the Ministry of the Interior, acting with the rank of Deputy Director-General or assimilated, appointed by the Secretary of State for Security of that ministerial department or by the head of the management body in which he was able to delegate. (d) a representative appointed by the associations of telecommunications operators representing both operators of the universal telecommunications service and the other operators. (e) A representative appointed by the operator or operators designated for the provision of the universal telecommunications service. (f) a representative appointed by the associations, if they exist, which shall bring together only operators who do not provide the universal telecommunications service.

2. The Secretary of the Commission shall be an active official, with the rank of Head of Service or assimilated, of the Directorate-General for Telecommunications and Information Technology, appointed by means of a Resolution of the Director-General of Telecommunications and Information Technologies. An alternate shall also be appointed to the Registrar for the vacancy, absence or sickness. The Secretary will have a voice, but he did not vote.

3. In the event of absence or sickness, and in general where a justified cause is present, the members may be replaced by alternate members, in accordance with the provisions of Article 24 (3) of Law No 30/1992 of 26 November 1992 on Legal Conditions of the General Administration and the Common Administrative Procedure. The appointment of the alternate Vocals shall be made by the body responsible for appointing the titular Vocals.

Article 3. Functions.

These are commission functions:

(a) Approval, where appropriate, of the technical report and elevation to the Ministry of Industry, Tourism and Trade for the approval of the corresponding ministerial orders to be issued in accordance with the provisions of the Transitional provision sixth of the Regulation on the conditions for the provision of electronic communications services, the universal service and the protection of users, approved by Royal Decree 424/2005 of 15 April.

(b) The appointment of the members of the working groups responsible for drawing up the technical report referred to in the preceding paragraph.

Article 4. Operation.

1. The calls by the Commission, as well as its arrangements for the establishment, the adoption of agreements and the conclusion of meetings, shall be in accordance with the provisions of Chapter II of Title II of Title II of Law No 30/1992 of 26 June 1992. 2. At the meetings of the committee, they may participate in a voice but without voting experts expressly called by the President, because of his or her Special specialization.

Article 5. Working groups.

1. The Commission shall set up working groups for the purpose of drawing up the technical report referred to in point (a) of the third paragraph. 2. It shall be the coordinator of the groups, the Secretary of the Commission, acting as the group's spokesperson to the Commission. 3. The working groups shall be composed of the coordinator, a representative of the ministries concerned and a representative of the operators whose interests are concerned by the technology concerned, which shall be different in the light of this. 4. Working groups shall operate during the period of time required for the development of the work assigned to them by the Commission.

Article 6. Duty to stealth.

The members of the committee as well as the staff involved in the working groups should be required to keep or reserve on all those matters, information or documents known to them on the occasion of their work in the working groups. that.

Single additional disposition. No increase in public spending.

The costs arising from the creation and operation of the commission will be met with the human and material resources available to the Ministry of Industry, Tourism and Trade and will not increase public spending or decrease in state revenues.

Single end disposition. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 19 May 2006.

Fernandez de la Vega Sanz

Messrs. Ministers of Justice, Defense, Interior and Industry, Tourism and Commerce.